ORD 2015-18 GENERAL OBLIGATION BOND ELECTION FOR PUBLIC SAFETY FACILITYCITY OF BAINBRIDGE ISLAND, WASHINGTON
ORDINANCE NO. 2015 -18
AN ORDINANCE of the City of Bainbridge Island, Washington, providing
for the submission to the voters of the City, at the election to be held on November 3,
2015, of a proposition authorizing the City to issue its general obligation bonds for the
purpose of financing the design, construction, land acquisition and related costs of
developing and equipping a new public safety facility, including police, municipal
court and related functions, in the principal amount of not more than $15,000,000,
payable by annual property tax levies to be made in excess of regular property tax
levies, and to levy those excess property taxes.
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN, as follows:
Section 1. Findings and Determinations. The City is in need of funds to finance the
design, construction, land acquisition and related costs of developing and equipping a new public
safety facility, including police, municipal court and related functions (the "Project," as further
defined below), and to pay incidental costs incurred in connection with carrying out such Project,
the estimated cost of which is expected to be more than $15 million. The City Council therefore
finds and determines that it is in the best interests of the City to submit to the voters this ballot
proposition approving the issuance of bonds or other evidences of indebtedness issued or entered
into to finance all or a portion of the Project (the "Bonds ") to be repaid by a special excess levy
for this purpose.
Section 2. Description of Project. The Project consists of the design, construction,
land acquisition and related costs of developing and equipping a new public safety facility, including
police, municipal court and related functions. The cost of all necessary architectural, engineering,
environmental, legal and other consulting services, inspection and testing, administrative
expenses, site acquisition or improvement, demolition, on and off -site utilities, related
improvements, payments for fiscal and legal expenses; the acquisition, construction and
installation of all necessary furniture, equipment, apparatus, accessories, fixtures and
appurtenances in the foregoing; printing, advertising, establishing and funding accounts; necessary
and related planning, consulting, inspection and testing costs; administrative expenses; and other
similar activities or purposes incurred in connection with the Project shall be deemed a part of the
costs of such capital improvements. The City may modify details of the Project as it may find
necessary or advisable. The Project, or any portion or portions thereof, shall be undertaken, insofar
as is practicable, with available money and in such order of time as shall be deemed necessary or
advisable by the City. The economic life of the Project is expected to exceed the life of the Bonds.
Section 3. Description of Proposed Bonds. The Bonds may be issued as a single
bond, in a single series or multiple series, and as a single issue or as part of a combined issue with
other authorized bonds, all as deemed advisable by the City and as permitted by law. The Bonds
51449541 3
RECEIVED
JUL 3 0
AUDITOR / ELECTIONS
KITSAP COUNTY
RECEIVED
3 0 :j.5
AUDITOR / ELECTIONS
KITSAP COUNTY
RECEIVED
JUL 3 0 1015
AUDITOR / ELECTIONS
KITSAP COUNTY
shall be fully registered bonds, bearing interest payable as permitted by law, and maturing within
20 years from the date of issue, or within any shorter period fixed by the City. The Bonds shall be
paid by annual property tax levies sufficient in amount to pay both principal and interest when
due. Such annual property tax levies shall be made in excess of regular property tax levies without
limitation as to rate or amount but only in amounts sufficient to meet such payments of principal
and interest as they come due (including meeting mandatory redemption requirements). The Bonds
shall be issued and sold in such manner, at such times and in such amounts as shall be required for
the purpose for which such bonds are to be issued. The specific date, form, terms, options of
redemption prior to maturity, price, interest rate or rates and maturities of the Bonds (or parameters
with respect to the same) shall be fixed by ordinance of the City. Pending the issuance of the
Bonds, the City may issue short-term obligations pursuant to chapter 39.50 RCW or such other
obligations as are permitted by law to pay for the costs of the Project. Such obligations and their
costs may be paid or refunded with proceeds of the Bonds when issued.
Section 4. Proceeds of the Bonds. The proceeds of the Bonds shall be used for capital
purposes only (which shall not include the replacement of equipment) to pay the costs of the Project
and to pay costs related to the sale, issuance and delivery of the Bonds. The City shall determine
the application of available money among the various parts of the Project so as to accomplish, as
near as may be, all of the Project. If available money from the proceeds of the Bonds is more than
sufficient to pay the costs of the Project, or if state or local circumstances require any alteration in
the Project, the City may acquire, construct, equip and make other capital improvements to the
City's facilities, or retire and /or defease a portion of the Bonds, all as the City may determine and
as permitted by law. If the proceeds of the sale of the Bonds and other available money are
insufficient to make all of the capital improvements herein provided for, or if it has become
impractical to accomplish the Project or portions of the Project, the City may use the proceeds of
the Bonds and other available money for paying the costs of those portions of the Project deemed
by the City to be most necessary and in the best interest of the City.
Section 5. Calling of Election. The City requests that the Kitsap County Auditor (the
"Auditor ") call and conduct a special election in the City to be held on November 3, 2015 in
conjunction with the State general election, for the purpose of submitting to the voters of the City,
for their approval or rejection, the question of whether or not general obligation bonds of the City
shall be issued in the principal amount of not more than $15,000,000 (or such lesser maximum
amount as may be legally issued under the laws governing the limitation of indebtedness), the
proceeds of which shall be expended to pay the costs of the Project, and annual excess property
taxes shall be levied to pay and retire the Bonds.
If such proposition is approved by the requisite number of voters, the City shall be authorized
to issue the Bonds in the manner described in this ordinance, to spend the proceeds thereof to pay the
costs of the Project and the costs of issuance of such Bonds, and to levy excess property taxes to pay
and retire such Bonds.
Section 6. Ballot Proposition. The City Clerk of the City is authorized and directed
to certify, no later than August 4, 2015, to the Auditor, as ex officio supervisor of elections in the
City, a copy of this ordinance and the proposition to be submitted at that election in the form of
ballot title prepared pursuant to RCW 29A.36.071, as follows:
514495413 2
PROPOSITION 1
CITY OF BAINBRIDGE ISLAND
PUBLIC SAFETY FACILITY BONDS
The City Council of the City of Bainbridge Island, Washington,
adopted Ordinance No. 2015 -18 concerning financing for a public
safety facility. If approved, this proposition would authorize the
City to finance the design, construction, land acquisition and related
costs of developing and equipping a new public safety facility,
including police, municipal court and related functions. It would
authorize issuance of no more than $15,000,000 of general
obligation bonds maturing within 20 years to be repaid by the annual
levy of excess property taxes, all as provided in Ordinance No.
2015 -18. Should this proposition be approved?
YES.................... ............................... ❑
NO...................... ............................... El
For purposes of receiving notice of any matters related to the ballot title, as provided in RCW
29A.36.080, the City hereby designates its City Attorney, Lisa Marshall (206- 842 -2545,
larshall@bainbridgewa.gov) and its bond counsel, Alice Ostdiek, Foster Pepper PLLC (206 -447-
4663, ostda @foster.com), as the persons to whom such notice shall be provided.
Section 7. Authorization of Local Voters' Pamphlet. The City authorizes
preparation and distribution of a local voters' pamphlet, including an explanatory statement and
statements in favor of and in opposition to the ballot measure, if any. The preparation of
explanatory statement, the appointment of pro /con committees and the preparation of statements
in favor or and in opposition to the ballot title shall be in accordance with chapter 29A.32 RCW
and the rules and guidelines of the Auditor.
Section 8. General Authorization. The proper City officials are authorized to
perform such duties as are necessary or required by law to the end that the question of whether or
not the Bonds shall be issued and excess taxes necessary to pay and retire the Bonds be levied, all
as provided in this ordinance, shall be submitted to the voters of the City at the November 3, 2015
election.
Section 9. Intent to Reimburse. The City Council declares that to the extent that,
prior to the date the Bonds or other short-term obligations are issued to finance the Project, the
City makes capital expenditures for the Project from funds that are not (and are not reasonably
expected to be) reserved, allocated on a long -term basis or otherwise set aside by the City under
its existing and reasonably foreseeable budgetary and financial circumstances to finance the
Project, those capital expenditures are intended to be reimbursed out of proceeds of the Bonds or
other short-term obligations issued in an amount not to exceed the principal amount of the Bonds
provided by this ordinance.
51449541 3
Section 10. Severability. If any provision of this ordinance is declared by any court
of competent jurisdiction to be invalid, then such provision shall be null and void and shall be
severable from the remaining provisions of this ordinance, and shall in no way affect the validity
of the other provisions of this ordinance or of any other ordinance or resolution or of the Bonds.
Section 11. Effective Date. This ordinance shall take effect and be in force from and
after its passage and five days following its publication as required by law.
Section 12. Ratification of Prior Acts. Any action taken consistent with the authority
and prior to the effective date of this ordinance is hereby ratified, approved and confirmed.
PASSED by the City Council and APPROVED by the Deputy Mayor of the City of
Bainbridge Island, Washington, at a regular open public meeting thereof, this 21St day of July,
2015.
4
Michael Scott, I]eputy Mayor
ATTEST:
Rosalind D. Lassoff, City Clerk
APPROVED AS TO FORM:
1�oster Pepp LC, Bond Counsel
s1449W 3 4
CERTIFICATION
I, the undersigned, City Clerk of the City of Bainbridge Island, Washington (the "City "),
hereby certify as follows:
1. The attached copy of Ordinance No. 2015 -18 (the "Ordinance ") is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held
at the regular meeting place thereof on July 21, 2015, as that ordinance appears on the minute book
of the City.
2. The Ordinance will be in full force and effect five days after publication in the
City's official newspaper, which publication date is July 24, 2015.
3. A quorum of the members of the City Council was present throughout the meeting
and a majority of its members voted in the proper manner for the passage of the Ordinance.
Dated: July 21, 2015.
CITY OF BAINBRIDGE ISLAND,
WASHINGTON
1liBbCl_�lt�C��l . �SSo �'
Rosalind D. Lassoff, City Clerk